The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-06-01

MS : suppose that ne nau remarked ABOUT I
ther people, but could not recall ii; sim
I rumored about in regard to the article in {
he Sword and Shield. Went to the peni-
entiary to get money TO pay off the hands;
expected to find Col. Hamilton at the peni-
entiary; told Col. Hamilton what he came
lor; Col. Hamilton said that he would see
Abou. il down town.
The first time he saw r. d. Gambrell the
lay he was killed was when he passed the
postoffie. Don't remember seeing him
again Col. Hamilton did not point Gam
bre1 out that day. Did not remember pass
ing Gambrell in the street car and Col.
Hamilton saying "there goes that fellow
now
Did not see Gambrell pass the postoffice
more than once. Don't remember having
seen him in the street car. Here Mr.. Al
len read from Eubanks's testimony. saw |
Roderick Gambrell in the street car at the |
switch, at the Governors Mansion, going |
toward the Capitol. Saw him again, walk |
ing west, in front of the postofice."
Witness said that they asked him the |
questions so fast that he had no time to |
think. He was in a large crowd, all
friends of Gambrell. Did not know but
what he might be suspected, because he
was with Col. Hamilton at the time of the
killing. Was positive that he had not seen
Gambrell but once that day. Thought
ready and come down in the red wagon
the Colonel did not tell him what he wanted
him for. Don't remember whether Col.
Hamilton had a stick that morning had a
faint recollection that he had a stick that
night. Had not seen the stick since. No
Ieed the hole on the top of the carriage on
Friday or Saturday think Mr.. Fontaine
was the first one who called his attention
to the hole. He called the attention of sew
eral persons to the hole, and witness went
down to the lot anu looked at it, There
were number of people present then.
When lie was examined the second time,
told the coroner's jury all about the hole.
Did not tell on his first examination be-
| cause he did not know it,
Col. Hamilton did not ask me about the
Gambrells. Don't remember his calling
| them them fellows
Mr.. Allen read Eubank's evidence.
| When he said that Hamilton had asked
him If he had seen the Gambrells, that he
| spoke of them as them I'D fellows"
| Did not remember having said anything of
| the kind. Believed that he said that Ham
| ilton had said that "some id fellows
had written him up in the paper" Did
not know what he sas signing at the time
he was frightened and the coroner's jury
Just said, Here, sign" | was frightened
| and signed.
By Mr.. Allen-Were you so badly fright
ened that you could not tell the truth?
Judge Calhoon objected to that style of
examination; he said that the witness was
put on by the State; was a State witness
IN fact, and that the State had no right TO
impeach its own witness. He said that the
style of questioning was calculated to en-
trap the witness into saying something
that would be used against him. That it
was evident that the evidence attempted
to be ELECTED was not intended to be used
only against Hardy, but to be used against
all the accused. He said that similar
case would be hard to find. 1t was a case
where five men were charged with being
| coNsPIRAToRs,
and that the evidence of each one was
being used against the other.
Mr.. Allen, in answer, said that this was
the first time that he had seen a case pre-
cisely similar. lie had never before seen
a case where the attorney of an accused
party had directed him not to sign his evil
dence. Mr.. Allen said that he had seen cases
when If party went back on what he had
previously sworn to that the party intro
ducing him should not be held responsible
when he was taken by surprise by his own
| witness. He claimed that he had the
right to show that he had every reasonto
believe that the witness would swear to
his previous statement. He said that if he
did not read the statement CORRECTLY what
| Was Iilt SoOu OF MS looking at the paper
He had no objection to the witness read
ing again, and he would have been allow ed
to do so if he had asked. He claimed that
he had right to get at every particle OF
testimony that would throw any light on
the crime. The State was not restricted tc
Hardy alone. The State had the right tC
; go into every detail, and to get all the eyi
denee possible. The evidence against Har
dy could not be used against Eubanks OF
! the others, except Hardy but this did no
keep the State from trying to get all the ev
, idence possible, and ascertain all about tn,
| crime.
Judge Calhoon said that he would insis
on the witness being allowed to read hit
evidence before the coroner before he was
required to testify.
The court overruled the first objection
! made by Judge Calhoon, but ruled that tn,
witness had the right to read his evidence
! kubanks's evidence, as taken before the
coroner, was handed to him. He said tina
John II. Martin had read him the evidence
He corrected that part where it read Col
Hamilton asked him about Gambrell, sta
/ ting that he had told Col. Hamilton with
out being asked The part which read Col
Hamilton asked if he had seen amy o
! those id fellows, was amended so al
: to read, che heard Col Hamilton speaking
of the article in the Sword and Shield a.
something written in the Sword anC
: Shield
Witness persisted in denying that Col
Hamilton had not asked him about Gam
brell, styling him as that id fellow
, Read a paragraph which said "Hamil
ton asked me if | had seen them fellows.
Did not remember the sentence becaus
j he was very much excited it was reat
! hurriedly, and witness was IN a crowd o
, GambrelPs friends, and he was afraid tina
, he might be suspected of being implicated
in the killing; read that part which read
Col. Hamilton SAID that 81 reckoned tn,
; old man was going off on the train" Wit
ness did not, in this connection, say that b,
saw Gambrel going west; when witness
was asked to testify second time b,
asked to be allowed to read his testimony
! over, but Judge Harris said it was not nee
! essary, that his first evidence did no
count; witness wanted to see the evidence
because he was so excited that lac did no
knew what he had sworn to-
When witness said that Gambrell had {
bundle in his hand he was speaking to tht
jury. He told the jury that Gambrell haC
a bundle in his hand; did not say that hi
, told this to Col. Hamilton. Did say that h,
had heard Hamilton mention that he haC
been written up in some paper; thinks b,
said this in Willie Hamiltou's store. Wher
Gambrell passed witness went into thu
postofiee building and called Col Hamil
ton out; thinks he told Col Hamilton
then that young Gambrell had passed
alone. Witness called Col. Hamilton gu
TO ask him about the dray, and incidental
y told him that Gambrell had Just passed
alone. Col. Hamilton had been in the
postotfice some time. Col. Hamilton was
| talking to Mr.. Adams and witness wanted
to ask him if he could not go and get tn,
dray while he was there. Then he told him
about Gambrell
Col. Hamilton never told witness what
he wanted with witness that night He
always brought the red wagon down al
night. No one but witness, Hardy and
Col. Hamilton came up in the wagon thai
night from the depot. Col. Hamilton might
have said that he was going over to
WEST JACKSON
TO see somebody or to meet somebody. Just
supposed that he going to see some
one on the train. Remembered Col. Hamil
ton saying that he was going to see a gen
tleman who was going off or something
like that. Did not see Roderiek GambreII
that night until he saw him dead at his
house. Did not see Gambrell walking
along ahead. Thinks the front wheels Of
the wagon were just on the bridge proper
Never saw Hamilton with the big pistol
buckled around him. Did not remember
| ever seeing him with two pistols on. Saw
Col. Hamilton carry the big pistol IN his
buggy when he went into the country.
| The door of the carriage was closed Col.
Hamilton opened the door; don't know
what hand he used. Thinks the man who
shot at Col Hamilton was little to the
front of him. Col. Hamilton did not fall as
| he got out. Witness thought that he got
out ON the east end of the bridge. The
| horse jumped very suddenly. The Colonel
| might have got out about the middle of the
| bridge; thinks so /; thinks the second shot
was fired after Col. Hamilton got out thinks
| the second shot was fired as the witness
was getting out; got cut because he was
afraid did not take much time to think
| fhnuohf they irht fire into Tho a..